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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1215
GENERALI-US BRANCH,
Plaintiff - Appellant,
v.
AMERICAN SOUTHERN INSURANCE COMPANY; CERTAIN UNDERWRITERS AT
LLOYDS LONDON; NORTHFIELD INSURANCE COMPANY; COLONY INSURANCE
COMPANY,
Defendants - Appellees,
and
COASTAL EXTERIORS, INCORPORATED; AGEE-MCCOY, INCORPORATED,
Defendants.
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Matthew J. Perry, Jr., Senior
District Judge. (3:03-cv-04057-MJP)
Submitted:
Decided:
June 6, 2008
- 2 -
PER CURIAM:
Generali Insurance Company appeals from the district
courts order granting partial summary judgment to Defendants. The
district court concluded that the Defendant insurance companies
were not responsible for reimbursing Generali for its defense of
Agee-McCoy, Inc., in the various suits brought against Agee-McCoy.
The district court concluded that Agee-McCoy was never an
insured under any of the Defendants insurance policies and that
the Defendants therefore had no duty to defend with regard to the
claims asserted against Agee-McCoy.
Askins, 413 S.E.2d 855, 859 (S.C. Ct. App. 1992) (Fundamental to
the concept of duty to defend is the requirement that the party
seeking
the
defense
must
be
an
insured
under
contract
of
insurance.).
Generali in its opening brief does not contend that the
district court erred in concluding that Agee-McCoy was not an
insured under the Defendants policies, nor does it argue that
South Carolina law imposes a duty to defend claims asserted against
a party who is not an insured.
Because Generali
(requiring
argument
section
of
to
contain
AFFIRMED